C!rnmpditinn wrtbunal wribunal ht la C!rnnnttrtntt CT - 88 I 4
IN THE MAT IER OF an application by the Director of Investigation and Research under section 75 of the Competition Act, R.S.C., 1985, c. C-34, as amended;
AND IN THE MATIER OF a refusal to supply automotive parts for export by Chrysler Canada Ltd. to Richard Brunet.
BETWEEN: The Director of Investigation and Research Applicant - and -Chrysler Canada Ltd. Respondent
REASONS AND ORDER RESCINDING ORDER OF OCTOBER 13, 1989
- 2 -Decided on the basis of the written record. Presiding Member: The Honourable Mr. Justice William P. McKeown Judicial Member: The Honourable Mr. Justice Marc Noel Lay Member: Dr. Frank Roseman Counsel for the Applicant: Director of Investigation and Research William J. Miller Counsel for the Respondent: Chrysler Canada Ltd. Thomas A. McDougall, Q.C.
- 3 -COMPETITION TRIBUNAL REASONS AND ORDER RESCINDING ORDER OF OCTOBER 13, 1989
The Director of Investigation and Research v. Chrysler Canada Ltd.
The Tribunal is of the view that, in the circumstances of this case, the requirements of paragraph 106(b) of the Competition Act ("Act") have been met by the filing of the consents of both parties and of Richard Brunet and by the first two paragraphs of the affidavit of Mr. Brunet dated December 14, 1993.
The Tribunal notes that paragraph 3 of the affidavit of Mr. Brunet is not relevant to this application and, in any event, is not binding on the Tribunal.
FOR THESE REASONS; AND FURTHER TO paragraph 106(b) of the Act and the Notice of Application filed by Chrysler Canada Ltd.;
AND FURTHER TO the consent of the parties and Richard Brunet;
- 4 -AND FURTHER TO paragraphs 1, 2 and 4 of the Affidavit of Richard Brunet dated December 14, 1993;
THE TRIBUNAL ORDERS THAT: 1. The order of this Tribunal, dated October 13, 1989, that Chrysler Canada Ltd. accept Richard Brunet as a customer for the supply of Chrysler parts on trade terms usual and customary to its relationship with Mr. Brunet as the said terms existed prior to August 1986, shall be rescinded.
2. The provisions of the Competition Tribunal Rules ("Rules") relating to an application which ordinarily apply shall be dispensed with pursuant to section 38 of the Rules.
3. The application shall be disposed of without personal appearance of the parties pursuant to section 39 of the Rules.
DATED at Ottawa this 17th day of December, 1993. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s)W.P. McKeown W.P. McKeown